This article looks at the role that the European Parliament (EP), as the only democratically elected EU institution, plays in ensuring transparency in the EU’s newly concluded free trade and investment agreements (FTIAs). ...

In the context of a rising number of preferential trade agreements (PTAs) that include investment protection provisions traditionally found in bilateral investment treaties (BITs), this chapter has a double purpose. First, ...

An important ‘stress test’ for regional human rights courts would be to see how well such courts perform when faced with authoritarian, human rights-violating regimes that they are supposed to hinder or constrain. These ...

The EU’s new Free Trade and Investment Agreements (FTIAs) are meant to tackle many of the issues that led to the contestation of international investment law, by increasing the control of the contracting parties over the ...

This paper undertakes to address an emerging conflict between women’s human rights and gender identity rights, using tools provided by the human rights framework and by the Con-vention on the Elimination of All Forms of ...

Studies show that the devastating effect of climate change results in displacement of people throughout the world. The causal link between climate change and displacement is greatly disputed among scholars, it is undeniable ...

Traditional knowledge consists of is know-how, skills, innovations and practices that are passed on from generation to generation within indigenous peoples or local communities, forming part of its cultural identity and ...

This study sheds light on Mediation as a method of Alternative Dispute Resolution. Despite its obvious advantages, being a speedy and cheaper process with high success rate of settlement, Mediation is not broadly used in ...

A Principle of Subsidiarity regulates the allocation and/or use of authority within a political order where authority is dispersed between a centre and various sub-units. Section 1 sketches the role of such principle of ...

The thesis is discusses what is the scope of Umbrella Clauses. State undertakings must satisfy the condition of being investment. That is the first requirement of applicability of investment regime to state undertakings. ...

The chapter addresses some of the tensions between sovereignty, international human rights review and legitimacy, and bring these findings to bear on the proposals for reform of the European Court of Human Rights (ECtHR) ...

The Durban Platform for Enhanced Action (ADP) provided a mandate to negotiate a new climate agreement by 2015, entering into force from 2020. This chapter examines the legal form and principles of a new agreement. It is ...

Ethiopia, the most populous least-developed country outside of the World Trade Organization, is on the process of accession since 2003. What the potential implications of this accession will be for the financial service ...

This thesis analyses the development of REDD+ in Costa Rica. It sets out to analyse what the obligations of Costa Rica are under International Human Rights Law with regard to Indigenous Peoples at the moment of implementing ...

The increasing demand for domestic work in affluent European countries is reflected by the influx of mostly young women au pairs from non-EU/EEA countries, particularly from the Philippines. Au pairs under the 1969 ...

The thesis discusses the reform of the European Financial Sector, focusing on those measures directly aimed at increasing the level of investment and economic growth in the EU, including investor protection.

Although, all social and economic activities rely heavily on the supply and quality of freshwater, the extent to which water resource development contributes to the economic productivity and social well-being is not usually ...

This paper is divided in 3 parts, Part I is about the implementation process of the UN Con-vention on contracts for the International Sale of Goods(CISG) in Norwegian legislation, the Secord Part is dedicated to the analysis ...

The thesis is based on one of Italy's arguments in the proceedings before the International Court of Justice in the Jurisdictional Immunities case against Germany. The ICJ issued its Judgment recently on February 3rd, 2012. ...

Studies show that the overwhelming majority of the people forced to flee for environmental reasons are, and will be, in the under-developed world. While many are displaced within their own country, others would cross ...

This thesis attempts to explore which legal regime and which rules of protection of International Humanitarian Law are applicable in the situation of conflict in Nagorno-Karabakh region, between former Soviet Republics of ...

Foreign investors refer to arbitration for resolving their disputes with the host states. Recent practice demonstrates that the arbitral tribunals are often confronted with the question of legality of investment. This issue ...

In recent years, the proliferation of natural resource trade has caused rising demand in supply of resource products, leading to “widespread anxiety over the security of access to natural re-source.” In context of this, ...

In international environmental law, forest law is often perceived as undeveloped area of law. Major threats posed from multidimensional environmental crisis facing planet earth and the humanity: climate change, loss of ...

This thesis seeks to clarify whether or not Developed States are legally obliged to cooperate for the protection of economic and social rights. The aim is to provide an analysis of the relationship between laws and realities ...

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Abstract
In the past decade there has been a series of conflicting
arbitration awards regarding the interpretation of the Most-
Favoured-Nation standard and if it can be extended to dispute
settlement procedure. The ...

Each year millions of people throughout the world are forced from their homes to make way for new roads, dams and other infrastructure developments. The World Bank funds many of these projects in developing countries and ...

Healthcare was for long not considered a matter to be dealt with by the European Union. It was looked at as outside of the competence of the EU and the legal entitlements of the individual patient to access healthcare ...

Capacity to prosecute core international crimes of genocide, crimes against humanity and war crimes is emanating and concentrated at the international tribunals. What about other places making disturbing headlines in the ...

This thesis addresses the extent which freedom of expression and information (FOE/I) right have been extended to citizens in the ASEAN states. Criteria to access the conformance with international standards in FOE/I are ...

Year 2011 has been a “freedom of assembly year” as we have not only watched the events of “Arab spring” and “Occupy Wall Street”, but UN appointed the first-ever Special Rapporteur on the rights of freedom of assembly and ...

Abstract
Adoption of the Optional Protocol to International Covenant on Economic Social and Cultural Rights proves the Universality, indivisibility, interdependent and interrelated of ESC Rights. That is, the ESC rights ...

The thesis presents some reflections regarding the potency of socio-economic rights. The paper points out the role of socio-economic rights and the interdependence of the two sets of rights. The aim of this paper is to ...

This thesis is inspired by the long lasting media and politicians’ discussions about building the Nord Stream Pipeline in the Baltic Sea. Nobody disagrees about the need of the pipeline between Russia and Europe, but there ...

This study is an attempt to examine the legal status under International Humanitarian Law of children in situations of attack on targets involving them.
The thesis will also explore other relevant rules of International ...

The right to education is enshrined in numerous binding international agreements (most notably the ICESCR art. 13), and the international community has time and again expressed its commitment to fulfill universal primary ...

From 2012 international aviation is to be included in the European Union Emission Trading Scheme (EU ETS). The EU ETS has no differentiation between the airlines which means that the trading scheme applies to all airlines ...

In the Socialist Republic of Vietnam, two systems exist to handle children who come in conflict with the law – the criminal law system and the administrative law system. The latter is the system most commonly used by ...

Armed conflicts with many core international crimes committed entail many suspects. There are nearly 2000 opened war crimes cases, including almost 10, 000 suspects in Bosnia and Herzegovina (BiH) as a result of the war ...

Many scholars have advanced theories concerning the so-called democracy deficit in the European Union. The global financial crisis and the sovereign debt crisis in Europe has given a new perspective on how to view these ...

The Principle of Common but Differentiated Responsibilities (hereinafter referred to as CBDR) is one of the most effective principles in the international environmental law legal regime. It entails two elements: common ...

The aim of this thesis is the better understanding of structural sexual violence against women. Through a human rights approach, the author examines the link between the gendered discriminatory policies against women and ...

The Member States of the European Union (EU) have developed various means of preventing irregular migration. Those Member States along the Mediterranean coast find themselves under increasing pressure to control immigration ...

Laws criminalizing defamation exists in numerous countries in the world, including some
western European countries and the United States. However, in those mentioned developed
countries these laws are usually not applied ...

International petroleum arrangements are the result of interplay of states, often represented by their national companies, and private oil entities, within the oil industry. While the former are interested in economic ...

This thesis focuses on the case of Erdemović, which concerns the law of duress, and particularly upon the majority Judgement of Judges McDonald and Vohrah. In their Judgement, they narrow the issue before them down to ...

Reducing emissions form deforestation and forest degradation in developing countries (REDD) is a climate change mitigation mechanism addressing the current environmental crisis by increasing the value of standing forests. ...

Refugees are the persons whose fundamental rights have been violated. Within refugee community, rights of refugee women have been much more violated. Refugees’ problem has existed since long time. Now this problem is ...

The existence of dual system of responsibility is considered to be a constant feature of international law, which nevertheless reveals many shadow areas at the same time. If international crime is committed by a state organ ...

This paper identifies a growing trend of the adoption of restrictive laws regulating establishment and operation of NGOs in Azerbaijan, Belarus and the Russian Federation. Broad and vague provisions often provide the ...

Seeking Asylum or seeking international protection is only one of many problems in today’s world. Many wars; civil wars,and the war on terror have made people seek international protection, and because of it the world is ...

The Universal Periodic Review (UPR) is seen by some as the most tangible innovation in the reform process that created the Human Rights Council in 2006 to replace the repudiated Commission on Human Rights. It is an ...

The achievement of a certain level” of environmental quality is legally formulated within the Right to a Healthy Environment. National constitutions and international instruments guarantee this right. These instruments ...

This study is primarily devoted to explore and analyse the application of principle of proportionality as a method of investment dispute settlement particulary in indirect expropriation cases. Recently, ICSID arbitrators ...

This paper deals with wars of national liberation in the context of occupation. The law of occupation in international humanitarian law has developed to include wars of national liberation. Hence this study identify the ...

Armed conflicts result in too many atrocities being committed. Once a conflict is over, the criminal justice system of the affected country should ideally hold accountable those responsible for core international crimes. ...

Joint Implementation is one of three flexibility mechanisms established to allow developed countries to receive credit for greenhouse gas emissions reductions activities conducted in developed countries against net emissions ...

The discussion underlying this thesis is the EU-EAC Economic Partnership Agreement and its impact on the Right to Food. The EU under the auspice of the Cotonou Agreement is negotiating new trade agreements with its ACP ...

The thesis examines the legitimacy of the expanding powers of the Security Council and addresses the question of whether such hypertrophy serves the purpose of strengthening the rule of law in international relations, as ...

This paper treats multilateralism as an essential tool in the implementation of climate policies. It focuses on how multilateralism can facilitate the efforts of the international community in dealing with the climate ...

The paper offers a substantive assessment of the duties incumbent on States under international humanitarian law to provide humanitarian assistance to the civilian population under its control in time of armed conflict.

Corporate Social Responsibility (CSR) consists of the obligation of the business society to pay attention on problems external to them, public problems, such as combating poverty and social inequity, reduction of spatial ...

The thesis discusses the right to participate in free and fair elections and its exercise in Azerbaijan in context of international law and democracy. The main focus of the study is directed to analysis of conformity of ...